State of Tennessee v. Westley A. Albright - Dissenting

Westley Albright, with the trial court’s consent, entered a nolo contendere plea to the charge of solicitation of a minor without being required to admit his guilt. The trial court granted Albright judicial diversion with one year of probation. Albright complied with all the stated conditions of his diversion. He attended and participated in all scheduled treatment group meetings, paid for sex offender treatment, and underwent an assessment. Albright even took a lie-detector test. Yet the trial court revoked Albright’s diversion, convicted him of solicitation of a minor, and extended his probation by six months, because of his noncompliance with an unstated condition of diversion. This unstated condition was that Albright had to admit during treatment that he was guilty of solicitation. Because he would not or could not make this forced admission, Albright’s therapist discharged him from the treatment program, and the trial court revoked his diversion.